RISHAB JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Being aggrieved of not granting interest on the amount of compensation so awarded by the Railway Claims Tribunal vide judgment dated 24th June, 2009 for the death of Bhagwan Das, father of the appellant no. 1, appellants have preferred this appeal. Shri M. Shafiqullah, learned Counsel appearing on behalf of the appellants fairly contends that under the provisions of the Railway Claims Tribunal Act, 1987 no specific provisions for grant of payment of interest has been made but the said issue has been decided by the Hon'ble Apex Court in the case of Thazhathe Purayil Sarabi and Ors. v. Union of India & Anr., 2009 AIR(SC) 3098 The Apex Court has directed that the interest may be awarded from the date of filing of the claim petition or it has been adjudged as the case may be, direction issued by the Claims Tribunal to award interest if the amount so adjudged has not been paid within 45 days is improper.

(2.) It is submitted by him that in the present case claim petition was filed on 6th August, 2007 for an incident took place on 20th July, 2007 because the Railway Claims Tribunal has not granted compensation for the death of the deceased. The said case was finally decided on 24th June, 2009. However, in the facts of this case from the date of filing of the claim petition the interest may be awarded on the amount of compensation so directed to be paid by the Claims Tribunal.

(3.) Shri Beohar, learned Counsel representing the respondent has placed reliance on a judgment of Bombay High Court in the case of Union of India v. Sanjay Sampatrao Gaikwad etc., 2002 AIR(Bom) 436 and contended that the interest from the date of the award may be directed because there is no fault on the part of the respondent. However, prayer is made to dismiss the appeal.